Elizabeth A. McNamara

Elizabeth McNamara has more than 30 years of litigation and counseling experience in media and intellectual property law, representing publishers (books, magazines, newspapers, and websites), television and radio broadcasters, cable companies, and motion picture producers and distributors. Her litigation practice includes all areas of sophisticated IP, media and entertainment litigation at the trial and appellate level of federal and state courts, in such areas as libel, privacy, copyright, trademark, prior restraint, and reporter's shield laws.

Mallory v. S&S Publishers, et al.

Successfully defended publisher and author of “Norman Mailer: A Double Life” by J. Michael Lennon against defamation and related claims. The court granted summary judgement and ruled that actress Carole Mallory, who had an eight-year romantic relationship with the subject of the biography, failed to demonstrate that challenged passages painted her in a false light or were defamatory. (E.D. Penn. 2017)

Reid v. Viacom

Defending Viacom and screenwriter in libel action brought by Perri "Pebbles" Reid arising out of the docudrama "Crazysexycool: The TLC Story." Summary judgment granted in part and denied in part; motion for reconsideration pending. (N.D. Ga. 2016, Ongoing)

Shelton v. Bauer Publishing, et al.

Defending entertainment magazine publisher against defamation claims arising from reporting about country music star’s well-publicized alcohol use. The district court denied our anti-SLAPP motion, and we have appealed to the 9th Circuit. (Ongoing)

Eramo v. Rolling Stone LLC, et al.

Defended Rolling Stone and author Sabrina Rubin Erdely in libel suit brought by University of Virginia Dean Nicole Eramo arising out of an article “A Rape on Campus.” Amicably settled after three week jury trial in October 2016 ended with $2 million verdict against Erdely and $1 million verdict against Rolling Stone. (W.D. Va. 2016)

Erwin v Sestero, Simon & Schuster

Defended Simon & Schuster in a copyright infringement action arising out of the book "Disaster Artist" which documents the cult success of the “worst” film of all time "The Room." Amicably resolved. (C.D. Cal 2016)

Murray Energy v. Mergermarket, et al.

Motion to dismiss granted on trade secret claims brought by coal company arising out of financial news reports in "Debtwire." (C.D OH 2016)

Jordan v. Jewel, et al.

Represented Time Inc. in connection with right of publicity claims brought by Michael Jordan related to a special "Sports Illustrated" issue commemorating Jordan’s induction into the Basketball Hall of Fame. Obtained summary judgment on Jewel’s third-party contribution claim on grounds that contribution is not available under the Illinois Right of Privacy Act for intentional torts, and on Jewel’s indemnity claim on ground that Time and Jewel did not have a pre-tort relationship and Jewel’s liability to Jordan was not derivative of Time’s liability. See Jordan v. Jewel, 83 F. Supp. 3d 761 (N.D. Ill. 2015)

Klapper v. Viacom, et al.

Represented defendants in libel claims arising out of reality television show "Mob Wives." Dismissed as barred by appearance release and attorney fees awarded. Dismissal affirmed by 2nd Department, motion for leave to appeal to the Court of Appeals. (2nd Dep’t, N.Y. App. Div. 2015)

Dimond v. Time Warner, CNN, et al.

Represented all defendants in libel action brought by Most Holy Family Monastery arising out of HLN report on "Issues" concerning threats made to a transgender woman. Action dismissed on "of and concerning" grounds. Affirmed by the 4th Department. (4th Dep’t, N.Y. App. Div., 2014)

Nickell v Viacom

Defended Viacom in intentional infliction of emotional distress and fraud claims brought by participant in an episode of the reality show True Life titled "I’m Addicted to Pills." Amicably resolved. (E.D. Ky. 2014)

Watkins v The Associated Press, Pearson, et al.

Successfully defended The Associated Press and The Financial Times in copyright infringement claims brought against a host of media entities arising out of the digital licensing of plaintiff’s work in electronic databases. (C.D. Cal 2014)

Associated Press v. Meltwater U.S. Holdings, Inc., et al.

Represented the Associated Press in a copyright infringement action against Meltwater News, a leading international subscription-based electronic media monitoring service that provides daily excerpts from news articles to its subscribers. In a precedent setting decision, the federal district court for the Southern District of New York granted AP’s motion for summary judgment on its copyright claim and rejected Meltwater's fair use defense, which was premised on its argument that it acted as a search engine. (S.D.N.Y. 2013)

Batra v. NBC et al.

Lead counsel representing NBC and all defendants in libel-in-fiction action arising out of a "Law & Order" episode. Amicably resolved after seven years. (N.Y. Sup. Ct. 2013)

Cruise v. Bauer Publishing, et al.

Lead counsel representing all defendants in libel action brought by Tom Cruise arising out of reporting in In Touch and Life & Style that he had "abandoned" his daughter. Amicably resolved following discovery. (C.D. Cal. 2013)

Hart v. Electronic Arts, Inc.

Lead counsel representing Electronic Arts in defense of a putative class action brought by Hart, a former college quarterback, on behalf of all college football players, arising out of the purported use of their likenesses in EA’s successful NCAA Football video game series. The Federal District Court in New Jersey granted EA’s motion for summary judgment and dismissed the action, finding that the video games were entitled to full First Amendment protection. See 2011 WL 4005350 (D.N.J. Sept. 9, 2011) reversed in split decision before the 3rd Circuit. Related actions arising out of Electronic Arts’ "NCAA Football and Madden Football" video games in the 9th Circuit. See 717 F.3d 141 (3d Cir. May 21, 2013)

Green v. Cablevision Systems Corp., IFC in Theaters LLC, et al.

Defended distributors of the film “Savage Grace,” starring Julianne Moore, which was based on a true story, from a claim of libel brought by an art dealer who alleged that he was falsely portrayed in the movie. (N.Y. Sup. Ct. 2012)

Feldman v. Twentieth Century Fox, et al

Represented Twentieth Century Fox and the creators of the television show "Journeyman." On an upfront motion, plaintiff's copyright claims were dismissed and the 1st Circuit affirmed the dismissal of the action. (1st Circuit 2011)

Penguin Publishers v. American Buddha

Lead amici counsel for American Association of Publishers, Magazine Publishers Association, and American Association of University Publishers in connection with novel jurisdictional question for copyright claims certified by the 2nd Circuit to the N.Y. Court of Appeals. Consistent with arguments made by amici, in April 2011, the Court of Appeals ruled that the 'situs of injury' for copyright claims is the location of the publishers. (N.Y. Ct. Appeals 2011)

Unterberg v. President Jimmy Carter, Simon & Schuster, Inc.

Lead counsel representing defendants in connection with putative consumer fraud claims arising out of the publication of "Palestine: Peace Not Apartheid." Action withdrawn after sanctions motion served. (S.D.N.Y. 2011)

Stewart v. Rolling Stone LLC

Lead counsel representing Rolling Stone in right of publicity claims brought as a putative class action arising out of a gatefold editorial feature. On appeal, the Court of Appeals found that Rolling Stone’s editorial feature did not inadvertently become commercial speech because it was surrounded by cigarette advertising and granted Rolling Stone’s anti-SLAPP motion, dismissing the action. Rolling Stone's "Indie Rock Universe" Editorial Feature Gets First Amendment Protection, 02.01.10 (Cal. Ct. App. 2010)

Gorzelany v. Simon & Schuster, Inc., et al.

Ishkanian v. Baker

Successfully represented Wenner Media, publisher of Us Weekly, in persuading the Court of Appeal to overturn a trial court's order denying the magazine's special motion to strike a former employee's $55 million lawsuit for defamation and other torts. On remand, the trial court awarded Wenner Media its attorneys' fees. (Cal. Super. Ct., Cal. Ct. App. 2009)

Carter-Clark v. Random House and Joseph Klein

Kane v. Comedy Central

Affirmed dismissal of copyright action arising out of Daily Show parody of public access television called "Public Excess." (2004)

Nicholson v. Random House, HBO, Time Warner

Defense of Random House and HBO in a libel and invasion of privacy action filed by Frederick Nicholson, arising out of the movie "American Splendor" and the book "The Life and Times of Harvey Pekar" by Harvey Pekar. (2004)

D.A.R.E. v. Rolling Stone

Dismissal of libel and related claims affirmed by 9th Circuit arising out of article written by Stephen Glass. (9th Cir. 2002)

Additional Qualifications

Member, Executive Committee, Davis Wright Tremaine LLP, 2016-present

Professional & Community Activities

Former Chair, Committee on Communications and Media Law, New York City Bar Association

Former East Coast Representative, Forum on Communications Law

Communications and Entertainment Committee, New York State Bar Association

The Copyright Society of the USA

Lawyers Committee, Association of American Publishers

Professional Recognition

Award Winner, "Women of Influence" by the Coalition of Women's Initiatives in Law and Best Lawyers, 2017

Selected by Best Lawyers as New York's "Lawyer of the Year" in Intellectual Property Litigation, 2017

Selected by Best Lawyers as New York City's "Lawyer of the Year" in Copyright Law, 2016

Selected by Best Lawyers as New York City's "Lawyer of the Year" in Media Law, 2013, 2018

Named one of the "Best Lawyers in America" in Communications and Advertising Law by Best Lawyers, 2006-2009; named in First Amendment, Media, and Intellectual Property Law, 2006-present; named in Entertainment Law, 2010-present